MATAKU TUDDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants along with accused Chhotaka Tuddu were put on trial by the learned 4th Additional Sessions Judge, Purnea by framing charge under Sections 302 and 379 of the Indian Penal Code in Sessions Trial No. 155 of 1981. By the judgment dated 9th February, 1988, the two appellants were found guilty of committing offence under Sections 302/34 of the IPC and sentenced to suffer rigorous imprisonment for life while being acquitted of the charge under Section 379 of the IPC. The appellants have brought this appeal to question the above judgment. It may be noted that the third accused, namely, Chhotaka Tuddu was acquitted by the same judgment.

(2.) The prosecution case, in nutshell, was that the deceased Bitia Hembram, who was the sister of the informant Gera Hembram, had migrated to village Madheli, P.S. - Falka from village Alinagar and it appears that her land came in possession of one Bhoju Manjhi who was residing there after constructing a house. The land was earlier in possession of the husband of Bitia Hembram and as such, she wanted that she should re-construct a house over the same land after migrating back to her original place of residence at village Madheli.

(3.) The other development in respect of that land was that one Matku Tuddu had sold that land to one Lakhan Tuddu who had raised a Palani over it.